EPA 40 CFR 264.1086

[Code of Federal Regulations]
[Title 40, Volume 24]
[Revised as of July 1, 2004]
From the U.S. Government Printing Office via GPO Access
[CITE: 40CFR264.1086]

[Page 431-437]

TITLE 40--PROTECTION OF ENVIRONMENT

CHAPTER I--ENVIRONMENTAL PROTECTION AGENCY (CONTINUED)

PART 264_STANDARDS FOR OWNERS AND OPERATORS OF HAZARDOUS WASTE TREATMENT,
STORAGE, AND DISPOSAL FACILITIES--Table of Contents

Subpart CC_Air Emission Standards for Tanks, Surface Impoundments, and
Containers

Sec. 264.1086 Standards: Containers.

(a) The provisions of this section apply to the control of air
pollutant emissions from containers for which Sec. 264.1082(b) of this
subpart references the use of this section for such air emission
control.
(b) General requirements. (1) The owner or operator shall control
air pollutant emissions from each container subject to this section in
accordance with the following requirements, as applicable to the
container, except when the special provisions for waste stabilization
processes specified in paragraph (b)(2) of this section apply to the
container.
(i) For a container having a design capacity greater than 0.1 m\3\
and less than or equal to 0.46 m\3\, the owner or operator shall control
air pollutant emissions from the container in accordance with the
Container Level 1 standards specified in paragraph (c) of this section.
(ii) For a container having a design capacity greater than 0.46 m\3\
that is not in light material service, the owner or operator shall
control air pollutant emissions from the container in accordance with
the Container Level 1 standards specified in paragraph (c) of this
section.
(iii) For a container having a design capacity greater than 0.46
m\3\ that is in light material service, the owner or operator shall
control air pollutant emissions from the container in accordance with
the Container Level 2 standards specified in paragraph (d) of this
section.
(2) When a container having a design capacity greater than 0.1
m<SUP>3</SUP> is used for treatment of a hazardous waste by a waste
stabilization process, the owner or operator shall control air pollutant
emissions from the container in accordance with the Container Level 3
standards specified in paragraph (e) of this section at those times
during the waste stabilization process when the hazardous waste in the
container is exposed to the atmosphere.
(c) Container Level 1 standards. (1) A container using Container
Level 1 controls is one of the following:
(i) A container that meets the applicable U.S. Department of
Transportation (DOT) regulations on packaging hazardous materials for
transportation as specified in paragraph (f) of this section.
(ii) A container equipped with a cover and closure devices that form
a continuous barrier over the container openings such that when the
cover and closure devices are secured in the closed position there are
no visible holes, gaps, or other open spaces into the interior of the
container. The cover may be a separate cover installed on the container
(e.g., a lid on a drum or a suitably secured tarp on a roll-off box) or
may be an integral part of the container structural design (e.g., a
``portable tank'' or bulk cargo container equipped with a screw-type
cap).
(iii) An open-top container in which an organic-vapor suppressing
barrier is placed on or over the hazardous waste in the container such
that no hazardous waste is exposed to the atmosphere. One example of
such a barrier is application of a suitable organic-vapor suppressing
foam.
(2) A container used to meet the requirements of paragraph
(c)(1)(ii) or (c)(1)(iii) of this section shall be equipped with covers
and closure devices, as applicable to the container,

[[Page 432]]

that are composed of suitable materials to minimize exposure of the
hazardous waste to the atmosphere and to maintain the equipment
integrity, for as long as the container is in service. Factors to be
considered in selecting the materials of construction and designing the
cover and closure devices shall include: Organic vapor permeability; the
effects of contact with the hazardous waste or its vapor managed in the
container; the effects of outdoor exposure of the closure device or
cover material to wind, moisture, and sunlight; and the operating
practices for which the container is intended to be used.
(3) Whenever a hazardous waste is in a container using Container
Level 1 controls, the owner or operator shall install all covers and
closure devices for the container, as applicable to the container, and
secure and maintain each closure device in the closed position except as
follows:
(i) Opening of a closure device or cover is allowed for the purpose
of adding hazardous waste or other material to the container as follows:
(A) In the case when the container is filled to the intended final
level in one continuous operation, the owner or operator shall promptly
secure the closure devices in the closed position and install the
covers, as applicable to the container, upon conclusion of the filling
operation.
(B) In the case when discrete quantities or batches of material
intermittently are added to the container over a period of time, the
owner or operator shall promptly secure the closure devices in the
closed position and install covers, as applicable to the container, upon
either the container being filled to the intended final level; the
completion of a batch loading after which no additional material will be
added to the container within 15 minutes; the person performing the
loading operation leaving the immediate vicinity of the container; or
the shutdown of the process generating the material being added to the
container, whichever condition occurs first.
(ii) Opening of a closure device or cover is allowed for the purpose
of removing hazardous waste from the container as follows:
(A) For the purpose of meeting the requirements of this section, an
empty container as defined in 40 CFR 261.7(b) may be open to the
atmosphere at any time (i.e., covers and closure devices are not
required to be secured in the closed position on an empty container).
(B) In the case when discrete quantities or batches of material are
removed from the container but the container does not meet the
conditions to be an empty container as defined in 40 CFR 261.7(b), the
owner or operator shall promptly secure the closure devices in the
closed position and install covers, as applicable to the container, upon
the completion of a batch removal after which no additional material
will be removed from the container within 15 minutes or the person
performing the unloading operation leaves the immediate vicinity of the
container, whichever condition occurs first.
(iii) Opening of a closure device or cover is allowed when access
inside the container is needed to perform routine activities other than
transfer of hazardous waste. Examples of such activities include those
times when a worker needs to open a port to measure the depth of or
sample the material in the container, or when a worker needs to open a
manhole hatch to access equipment inside the container. Following
completion of the activity, the owner or operator shall promptly secure
the closure device in the closed position or reinstall the cover, as
applicable to the container.
(iv) Opening of a spring-loaded pressure-vacuum relief valve,
conservation vent, or similar type of pressure relief device which vents
to the atmosphere is allowed during normal operations for the purpose of
maintaining the internal pressure of the container in accordance with
the container design specifications. The device shall be designed to
operate with no detectable organic emissions when the device is secured
in the closed position. The settings at which the device opens shall be
established such that the device remains in the closed position whenever
the internal pressure of the container is within the internal pressure
operating range determined by the owner or operator

[[Page 433]]

based on container manufacturer recommendations, applicable regulations,
fire protection and prevention codes, standard engineering codes and
practices, or other requirements for the safe handling of flammable,
ignitable, explosive, reactive, or hazardous materials. Examples of
normal operating conditions that may require these devices to open are
during those times when the internal pressure of the container exceeds
the internal pressure operating range for the container as a result of
loading operations or diurnal ambient temperature fluctuations.
(v) Opening of a safety device, as defined in 40 CFR 265.1081, is
allowed at any time conditions require doing so to avoid an unsafe
condition.
(4) The owner or operator of containers using Container Level 1
controls shall inspect the containers and their covers and closure
devices as follows:
(i) In the case when a hazardous waste already is in the container
at the time the owner or operator first accepts possession of the
container at the facility and the container is not emptied within 24
hours after the container is accepted at the facility (i.e., does not
meet the conditions for an empty container as specified in 40 CFR
261.7(b)), the owner or operator shall visually inspect the container
and its cover and closure devices to check for visible cracks, holes,
gaps, or other open spaces into the interior of the container when the
cover and closure devices are secured in the closed position. The
container visual inspection shall be conducted on or before the date
that the container is accepted at the facility (i.e., the date the
container becomes subject to the subpart CC container standards). For
purposes of this requirement, the date of acceptance is the date of
signature that the facility owner or operator enters on Item 20 of the
Uniform Hazardous Waste Manifest in the appendix to 40 CFR part 262 (EPA
Forms 8700-22 and 8700-22A), as required under subpart E of this part,
at 40 CFR 264.71. If a defect is detected, the owner or operator shall
repair the defect in accordance with the requirements of paragraph
(c)(4)(iii) of this section.
(ii) In the case when a container used for managing hazardous waste
remains at the facility for a period of 1 year or more, the owner or
operator shall visually inspect the container and its cover and closure
devices initially and thereafter, at least once every 12 months, to
check for visible cracks, holes, gaps, or other open spaces into the
interior of the container when the cover and closure devices are secured
in the closed position. If a defect is detected, the owner or operator
shall repair the defect in accordance with the requirements of paragraph
(c)(4)(iii) of this section.
(iii) When a defect is detected for the container, cover, or closure
devices, the owner or operator shall make first efforts at repair of the
defect no later than 24 hours after detection and repair shall be
completed as soon as possible but no later than 5 calendar days after
detection. If repair of a defect cannot be completed within 5 calendar
days, then the hazardous waste shall be removed from the container and
the container shall not be used to manage hazardous waste until the
defect is repaired.
(5) The owner or operator shall maintain at the facility a copy of
the procedure used to determine that containers with capacity of 0.46
m<SUP>3</SUP> or greater, which do not meet applicable DOT regulations
as specified in paragraph (f) of this section, are not managing
hazardous waste in light material service.
(d) Container Level 2 standards. (1) A container using Container
Level 2 controls is one of the following:
(i) A container that meets the applicable U.S. Department of
Transportation (DOT) regulations on packaging hazardous materials for
transportation as specified in paragraph (f) of this section.
(ii) A container that operates with no detectable organic emissions
as defined in 40 CFR 265.1081 and determined in accordance with the
procedure specified in paragraph (g) of this section.
(iii) A container that has been demonstrated within the preceding 12
months to be vapor-tight by using 40 CFR part 60, appendix A, Method 27
in accordance with the procedure specified in paragraph (h) of this
section.

[[Page 434]]

(2) Transfer of hazardous waste in or out of a container using
Container Level 2 controls shall be conducted in such a manner as to
minimize exposure of the hazardous waste to the atmosphere, to the
extent practical, considering the physical properties of the hazardous
waste and good engineering and safety practices for handling flammable,
ignitable, explosive, reactive, or other hazardous materials. Examples
of container loading procedures that the EPA considers to meet the
requirements of this paragraph include using any one of the following: A
submerged-fill pipe or other submerged-fill method to load liquids into
the container; a vapor-balancing system or a vapor-recovery system to
collect and control the vapors displaced from the container during
filling operations; or a fitted opening in the top of a container
through which the hazardous waste is filled and subsequently purging the
transfer line before removing it from the container opening.
(3) Whenever a hazardous waste is in a container using Container
Level 2 controls, the owner or operator shall install all covers and
closure devices for the container, and secure and maintain each closure
device in the closed position except as follows:
(i) Opening of a closure device or cover is allowed for the purpose
of adding hazardous waste or other material to the container as follows:
(A) In the case when the container is filled to the intended final
level in one continuous operation, the owner or operator shall promptly
secure the closure devices in the closed position and install the
covers, as applicable to the container, upon conclusion of the filling
operation.
(B) In the case when discrete quantities or batches of material
intermittently are added to the container over a period of time, the
owner or operator shall promptly secure the closure devices in the
closed position and install covers, as applicable to the container, upon
either the container being filled to the intended final level; the
completion of a batch loading after which no additional material will be
added to the container within 15 minutes; the person performing the
loading operation leaving the immediate vicinity of the container; or
the shutdown of the process generating the material being added to the
container, whichever condition occurs first.
(ii) Opening of a closure device or cover is allowed for the purpose
of removing hazardous waste from the container as follows:
(A) For the purpose of meeting the requirements of this section, an
empty container as defined in 40 CFR 261.7(b) may be open to the
atmosphere at any time (i.e., covers and closure devices are not
required to be secured in the closed position on an empty container).
(B) In the case when discrete quantities or batches of material are
removed from the container but the container does not meet the
conditions to be an empty container as defined in 40 CFR 261.7(b), the
owner or operator shall promptly secure the closure devices in the
closed position and install covers, as applicable to the container, upon
the completion of a batch removal after which no additional material
will be removed from the container within 15 minutes or the person
performing the unloading operation leaves the immediate vicinity of the
container, whichever condition occurs first.
(iii) Opening of a closure device or cover is allowed when access
inside the container is needed to perform routine activities other than
transfer of hazardous waste.
Examples of such activities include those times when a worker needs
to open a port to measure the depth of or sample the material in the
container, or when a worker needs to open a manhole hatch to access
equipment inside the container. Following completion of the activity,
the owner or operator shall promptly secure the closure device in the
closed position or reinstall the cover, as applicable to the container.
(iv) Opening of a spring-loaded, pressure-vacuum relief valve,
conservation vent, or similar type of pressure relief device which vents
to the atmosphere is allowed during normal operations for the purpose of
maintaining the internal pressure of the container in accordance with
the container design specifications. The device shall be designed to
operate with no detectable organic

[[Page 435]]

emission when the device is secured in the closed position. The settings
at which the device opens shall be established such that the device
remains in the closed position whenever the internal pressure of the
container is within the internal pressure operating range determined by
the owner or operator based on container manufacturer recommendations,
applicable regulations, fire protection and prevention codes, standard
engineering codes and practices, or other requirements for the safe
handling of flammable, ignitable, explosive, reactive, or hazardous
materials. Examples of normal operating conditions that may require
these devices to open are during those times when the internal pressure
of the container exceeds the internal pressure operating range for the
container as a result of loading operations or diurnal ambient
temperature fluctuations.
(v) Opening of a safety device, as defined in 40 CFR 265.1081, is
allowed at any time conditions require doing so to avoid an unsafe
condition.
(4) The owner or operator of containers using Container Level 2
controls shall inspect the containers and their covers and closure
devices as follows:
(i) In the case when a hazardous waste already is in the container
at the time the owner or operator first accepts possession of the
container at the facility and the container is not emptied within 24
hours after the container is accepted at the facility (i.e., does not
meet the conditions for an empty container as specified in 40 CFR
261.7(b)), the owner or operator shall visually inspect the container
and its cover and closure devices to check for visible cracks, holes,
gaps, or other open spaces into the interior of the container when the
cover and closure devices are secured in the closed position. The
container visual inspection shall be conducted on or before the date
that the container is accepted at the facility (i.e., the date the
container becomes subject to the subpart CC container standards). For
purposes of this requirement, the date of acceptance is the date of
signature that the facility owner or operator enters on Item 20 of the
Uniform Hazardous Waste Manifest in the appendix to 40 CFR part 262 (EPA
Forms 8700-22 and 8700-22A), as required under subpart E of this part,
at 40 CFR 264.71. If a defect is detected, the owner or operator shall
repair the defect in accordance with the requirements of paragraph
(d)(4)(iii) of this section.
(ii) In the case when a container used for managing hazardous waste
remains at the facility for a period of 1 year or more, the owner or
operator shall visually inspect the container and its cover and closure
devices initially and thereafter, at least once every 12 months, to
check for visible cracks, holes, gaps, or other open spaces into the
interior of the container when the cover and closure devices are secured
in the closed position. If a defect is detected, the owner or operator
shall repair the defect in accordance with the requirements of paragraph
(d)(4)(iii) of this section.
(iii) When a defect is detected for the container, cover, or closure
devices, the owner or operator shall make first efforts at repair of the
defect no later than 24 hours after detection, and repair shall be
completed as soon as possible but no later than 5 calendar days after
detection. If repair of a defect cannot be completed within 5 calendar
days, then the hazardous waste shall be removed from the container and
the container shall not be used to manage hazardous waste until the
defect is repaired.
(e) Container Level 3 standards. (1) A container using Container
Level 3 controls is one of the following:
(i) A container that is vented directly through a closed-vent system
to a control device in accordance with the requirements of paragraph
(e)(2)(ii) of this section.
(ii) A container that is vented inside an enclosure which is
exhausted through a closed-vent system to a control device in accordance
with the requirements of paragraphs (e)(2)(i) and (e)(2)(ii) of this
section.
(2) The owner or operator shall meet the following requirements, as
applicable to the type of air emission control equipment selected by the
owner or operator:
(i) The container enclosure shall be designed and operated in
accordance with the criteria for a permanent total

[[Page 436]]

enclosure as specified in ``Procedure T--Criteria for and Verification
of a Permanent or Temporary Total Enclosure'' under 40 CFR 52.741,
appendix B. The enclosure may have permanent or temporary openings to
allow worker access; passage of containers through the enclosure by
conveyor or other mechanical means; entry of permanent mechanical or
electrical equipment; or direct airflow into the enclosure. The owner or
operator shall perform the verification procedure for the enclosure as
specified in Section 5.0 to ``Procedure T--Criteria for and Verification
of a Permanent or Temporary Total Enclosure'' initially when the
enclosure is first installed and, thereafter, annually.
(ii) The closed-vent system and control device shall be designed and
operated in accordance with the requirements of Sec. 264.1087 of this
subpart.
(3) Safety devices, as defined in 40 CFR 265.1081, may be installed
and operated as necessary on any container, enclosure, closed-vent
system, or control device used to comply with the requirements of
paragraph (e)(1) of this section.
(4) Owners and operators using Container Level 3 controls in
accordance with the provisions of this subpart shall inspect and monitor
the closed-vent systems and control devices as specified in Sec.
264.1087 of this subpart.
(5) Owners and operators that use Container Level 3 controls in
accordance with the provisions of this subpart shall prepare and
maintain the records specified in Sec. 264.1089(d) of this subpart.
(6) Transfer of hazardous waste in or out of a container using
Container Level 3 controls shall be conducted in such a manner as to
minimize exposure of the hazardous waste to the atmosphere, to the
extent practical, considering the physical properties of the hazardous
waste and good engineering and safety practices for handling flammable,
ignitable, explosive, reactive, or other hazardous materials. Examples
of container loading procedures that the EPA considers to meet the
requirements of this paragraph include using any one of the following: A
submerged-fill pipe or other submerged-fill method to load liquids into
the container; a vapor-balancing system or a vapor-recovery system to
collect and control the vapors displaced from the container during
filling operations; or a fitted opening in the top of a container
through which the hazardous waste is filled and subsequently purging the
transfer line before removing it from the container opening.
(f) For the purpose of compliance with paragraph (c)(1)(i) or
(d)(1)(i) of this section, containers shall be used that meet the
applicable U.S. Department of Transportation (DOT) regulations on
packaging hazardous materials for transportation as follows:
(1) The container meets the applicable requirements specified in 49
CFR part 178--Specifications for Packaging or 49 CFR part 179--
Specifications for Tank Cars.
(2) Hazardous waste is managed in the container in accordance with
the applicable requirements specified in 49 CFR part 107, subpart B--
Exemptions; 49 CFR part 172--Hazardous Materials Table, Special
Provisions, Hazardous Materials Communications, Emergency Response
Information, and Training Requirements; 49 CFR part 173--Shippers--
General Requirements for Shipments and Packages; and 49 CFR part 180--
Continuing Qualification and Maintenance of Packagings.
(3) For the purpose of complying with this subpart, no exceptions to
the 49 CFR part 178 or part 179 regulations are allowed except as
provided for in paragraph (f)(4) of this section.
(4) For a lab pack that is managed in accordance with the
requirements of 49 CFR part 178 for the purpose of complying with this
subpart, an owner or operator may comply with the exceptions for
combination packagings specified in 49 CFR 173.12(b).
(g) To determine compliance with the no detectable organic emissions
requirement of paragraph (d)(1)(ii) of this section, the procedure
specified in Sec. 264.1083(d) of this subpart shall be used.
(1) Each potential leak interface (i.e., a location where organic
vapor leakage could occur) on the container, its cover, and associated
closure devices, as applicable to the container, shall be checked.
Potential leak interfaces that are associated with containers include,

[[Page 437]]

but are not limited to: The interface of the cover rim and the container
wall; the periphery of any opening on the container or container cover
and its associated closure device; and the sealing seat interface on a
spring-loaded pressure-relief valve.
(2) The test shall be performed when the container is filled with a
material having a volatile organic concentration representative of the
range of volatile organic concentrations for the hazardous wastes
expected to be managed in this type of container. During the test, the
container cover and closure devices shall be secured in the closed
position.
(h) Procedure for determining a container to be vapor-tight using
Method 27 of 40 CFR part 60, appendix A for the purpose of complying
with paragraph (d)(1)(iii) of this section.
(1) The test shall be performed in accordance with Method 27 of 40
CFR part 60, appendix A of this chapter.
(2) A pressure measurement device shall be used that has a precision
of <plus-minus<ls-thn-eq> 2.5 mm water and that is capable of measuring
above the pressure at which the container is to be tested for vapor
tightness.
(3) If the test results determined by Method 27 indicate that the
container sustains a pressure change less than or equal to 750 Pascals
within 5 minutes after it is pressurized to a minimum of 4,500 Pascals,
then the container is determined to be vapor-tight.

[61 FR 59962, Nov. 25, 1996, as amended at 62 FR 64659, Dec. 8, 1997; 64
FR 3389, Jan. 21, 1999]